Q-2 - Environment Quality Act

Section 115.24 Disposition versions

2022-05-12

115.24. A monetary administrative penalty of $500 in the case of a natural person and $2,500 in any other case may be imposed on any person who, in contravention of this Act,

(1)  fails to comply with any standard or any condition, restriction, prohibition or requirement relating to an approval, authorization, certificate, attestation or certification issued by the Government or the Minister under this Act, in cases where no other monetary administrative penalty is provided for in this Act or the regulations for such failure;

(2)  fails to apply or comply with a land rehabilitation plan, a corrective program, a depollution program or a residual materials management plan;

(3)  fails to furnish security or establish a trust, or fails to maintain such security or trust for the entire period it is required; or

(4)  fails to register in the land register.

The penalty provided for in the first paragraph may also be imposed on any person who

(1)  fails to submit activity reports to the Minister under the fourth paragraph of section 29 at the intervals and in the manner and form determined by the Minister;

(2)  fails to provide information requested under section 31.0.4 or under subparagraph 1 of the first paragraph of section 53.31;

(3)  fails to notify the Minister in the cases referred to in section 31.0.9 or 31.16 and in accordance with the conditions provided for in those sections;

(4)  fails to send the Minister a report signed by a professional in accordance with section 31.48 or the fourth paragraph of section 31.68.1;

(5)  has custody of land but does not grant access to a person requiring such access for the purposes set out in section 31.63 or the fourth paragraph of section 114;

(6)  fails to establish a committee to exercise the function set out in the first paragraph of section 57; or

(7)  fails to keep in good working order and to use in an optimal manner an apparatus or equipment to abate the release of contaminants into the environment, in accordance with section 123.5.

2011, c. 20, s. 26; 2013, c. 16, s. 199; 2017, c. 4, s. 164; 2021, c. 5, s. 8; 2022, c. 8, s. 117.

2021-03-17

115.24. A monetary administrative penalty of $500 in the case of a natural person and $2,500 in any other case may be imposed on any person or municipality that, in contravention of this Act,

(1)  fails to comply with any standard or any condition, restriction, prohibition or requirement relating to an approval, authorization, certificate, attestation or certification issued by the Government or the Minister under this Act, in cases where no other monetary administrative penalty is provided for in this Act or the regulations for such failure;

(2)  fails to apply or comply with a land rehabilitation plan, a corrective program, a depollution program or a residual materials management plan;

(3)  fails to furnish security or establish a trust, or fails to maintain such security or trust for the entire period it is required; or

(4)  fails to register in the land register.

The penalty provided for in the first paragraph may also be imposed on any person or municipality that

(1)  fails to submit activity reports to the Minister under the fourth paragraph of section 29 at the intervals and in the manner and form determined by the Minister;

(2)  fails to provide information requested under section 31.0.4 or under subparagraph 1 of the first paragraph of section 53.31;

(3)  fails to notify the Minister in the cases referred to in section 31.0.9 or 31.16 and in accordance with the conditions provided for in those sections;

(4)  fails to send the Minister an expert’s certificate under section 31.48 or the fourth paragraph of section 31.68.1;

(5)  has custody of land but does not grant access to a person requiring such access for the purposes set out in section 31.63;

(6)  fails to establish a committee to exercise the function set out in the first paragraph of section 57; or

(7)  prevents a person referred to in section 119 from exercising the powers conferred by that section or hinders such a person.

2011, c. 20, s. 26; 2013, c. 16, s. 199; 2017, c. 4, s. 164; 2021, c. 5, s. 8.

2018-03-23

115.24. A monetary administrative penalty of $500 in the case of a natural person and $2,500 in any other case may be imposed on any person or municipality that, in contravention of this Act,

(1)  fails to comply with any standard or any condition, restriction, prohibition or requirement relating to an approval, authorization, certificate, attestation or certification issued by the Government or the Minister under this Act, in cases where no other monetary administrative penalty is provided for in this Act or the regulations for such failure;

(2)  fails to apply or comply with a land rehabilitation plan, a corrective program, a depollution program or a residual materials management plan;

(3)  fails to furnish security or establish a trust, or fails to maintain such security or trust for the entire period it is required; or

(4)  fails to register in the land register.

The penalty provided for in the first paragraph may also be imposed on any person or municipality that

(1)  fails to submit activity reports to the Minister under the fourth paragraph of section 29 at the intervals and in the manner and form determined by the Minister;

(2)  fails to provide information requested by the Minister under section 31.0.4;

(3)  fails to notify the Minister in the cases referred to in section 31.0.9 or 31.16 and in accordance with the conditions provided for in those sections;

(4)  fails to send the Minister an expert’s certificate under section 31.48 or the fourth paragraph of section 31.68.1;

(5)  has custody of land but does not grant access to a person requiring such access for the purposes set out in section 31.63;

(6)  fails to establish a committee to exercise the function set out in the first paragraph of section 57; or

(7)  prevents a person referred to in section 119 from exercising the powers conferred by that section or hinders such a person.

2011, c. 20, s. 26; 2013, c. 16, s. 199; 2017, c. 4, s. 164.

2013-06-14

115.24. A monetary administrative penalty of $500 in the case of a natural person and $2,500 in any other case may be imposed on any person or municipality that, in contravention of this Act,

(1)  fails to respect any condition, restriction or prohibition relating to an approval, authorization, permission, attestation, certificate or permit granted under this Act, in particular when carrying out a project, during the construction, use or operation of works, or upon ceasing an activity;

(2)  fails to apply or comply with a land rehabilitation plan, a corrective program, a depollution program or a residual materials management plan;

(3)  fails to furnish security or establish a trust, or fails to maintain such security or trust for the entire period it is required; or

(4)  fails to register in the land register.

The penalty provided for in the first paragraph may also be imposed on any person or municipality that

(1)  fails to transmit an expert’s certificate to the Minister under section 31.48;

(2)  has custody of land but does not allow free access to a person requiring such access for the purposes of section 31.63;

(3)  fails to form a committee for the purposes of the first paragraph of section 57; or

(4)  prevents or hinders a person referred to in section 119 from exercising the powers conferred by that section.

2011, c. 20, s. 26; 2013, c. 16, s. 199.

2012-02-01

115.24. A monetary administrative penalty of $500 in the case of a natural person and $2,500 in the case of a legal person may be imposed on any person or municipality that, in contravention of this Act,

(1)  fails to respect any condition, restriction or prohibition relating to an approval, authorization, permission, attestation, certificate or permit granted under this Act, in particular when carrying out a project, during the construction, use or operation of works, or upon ceasing an activity;

(2)  fails to apply or comply with a land rehabilitation plan, a corrective program, a depollution program or a residual materials management plan;

(3)  fails to furnish security or establish a trust, or fails to maintain such security or trust for the entire period it is required; or

(4)  fails to register in the land register.

The penalty provided for in the first paragraph may also be imposed on any person or municipality that

(1)  fails to transmit an expert’s certificate to the Minister under section 31.48;

(2)  has custody of land but does not allow free access to a person requiring such access for the purposes of section 31.63;

(3)  fails to form a committee for the purposes of the first paragraph of section 57; or

(4)  prevents or hinders a person referred to in section 119 from exercising the powers conferred by that section.

2011, c. 20, s. 26.